The Roles Of The Defense Counsel: Critical Thinking You Might Want To Emulate

Topic: Criminal Justice, Law, Defense, Counsel, System, Legal, Ensure, Attorney

Pages: 2

Words: 350

Published: 03/30/2023

A defense counsel is a member of the legal system who represents the criminally accused in court. The defense is in charge of reviewing the evidence that has been brought forth against him and to ensure that his rights taken into consideration. “If the defense lawyer views evidence and feels the offender’s Constitutional rights were violated, then it is up to the lawyer to do something about it” . The defense will look at police reports, line-up process, evidence and anything that was used to suspect the person of the crime. Reasons for this evaluation is to ensure that the alleged criminal was not charged under false pretenses. If the process was not conducted correctly by law enforcement, detectives, or any other persons of the legal system, then there could be grounds to dismiss the charges.
The defense counsel is responsible to not only defend the alleged criminal, but to uphold all ethical codes that were presented to him. Any unethical misconduct could cost the attorney his position in the criminal justice system. The defense attorney follows the Constitution thoroughly and ensures all Amendments were not violated during any time relating to the defendant. Independence of the defense counsel is to ensure relationships among other parties of the legal system. Defense counsel is interdependent among the legal system because they have work within that system. The legal roles work together to an extent which determines the interdependence of the counsel.
The substantive law is to be obliged and maintained by the defense counsel. This includes making sure the accused has adequate bail if given and to ensure it is within the scope allowed for that charge. The ethical standards are to be upheld when determining bail, sentencing, guilt, or misconception of the law. Procedural law is to be presented accurately during court proceedings and other legal issues. These guidelines are set to ensure that the hearing or trial is conducted thoroughly and without any misconceptions. The defense counsel keeps the process running smoothly and maintains the process is presented accurately by the law.

Reference

Klein, R. (2016). The Role of Defense Counsel in Ensuring a Fair Justice System. National Association of Criminal Defense Lawyers, 1-8.

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